TOWN OF VIENNA TOWN MEETING MINUTES

February 1, 2023

PRESENT: Supervisor Michael M. Davis Sr., Councilman Jason C. Lamb, Councilwoman Gail Whitham, Councilman Jason Spellicy, Councilman Darrin Smith, Highway Superintendent Clayton Conover, Jr. , Deputy Town Clerk Kathy Pavelock

CALL TO ORDER:

Supervisor Davis called the meeting to order at 7:03PM. Pledge of Allegiance.

Northern Oneida County Council of Govts(NOCCOG): Joe Rowlands Local Government Conference (LGC) will be April 5-6 at the Turning Stone. NOCCOG sponsors one LGC Registration for each member municipality. See announcements.

Mohawk Valley Economic Development District (MVEDD) is continuing Municipality Mondays Zooms with different topics each meeting.

Oneida County has approved changes to the maximum income levels for senior exemptions.

MVEDD is also offering an Energy Code Enforcement class on March

Contact information is available in the monthly NOCCOG announcements.

COUNTY LEGISLATOR: NORM LEACH

Senator Schumer has announced the award of the MVCC Advanced Semiconductor Training Center.

Jeff Quackenbush deputy commissioner for Oneida County Planning has been working on broadband availability. Vienna is near the top of the list for increased availability.

A Higginsville bridge (not the new one) is slated for rehab. this year. The New London bridge is scheduled for 2024.

The tourism board is looking for a new director.

$2.1 million is budgeted for new voting machines. Ours are 15 years old.

APPROVAL OF MINUTES:

A motion was entertained by Councilman Lamb and seconded by Councilman Spellicy to approve the minutes of the January 4, 2023 meeting. Motion carried.

Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

AUDITED VOUCHERS:

A motion was entertained by Councilman Spellicy and seconded by Councilwoman Whitham to approve the audited vouchers in the amount of $260,806.54. Motion carried. Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

PUBLIC HEARING: Local Law #1 of 2023 Codes Law

Supervisor Davis provided an overview of the logistics for the public hearing. Codes Enforcement Officer (CEO) Reay Walker will provide an overview of the codes law. The public will be invited to speak by beginning their comments with their name and address. Each public person will be allowed a couple of minutes to speak and are asked to signify if they are for or against the codes law.

A motion was entertained by Councilman Lamb and seconded by Councilman Smith to open the public hearing. Motion carried at 7:12 pm. Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

CEO Walker explained the need to replace the outdated local law from 2007 with the new law to keep up with NYS Code Laws. A local law for town building codes is required by NYS executive law.

Local Law from 2007 will be repealed with the enactment of Law #1 of 2023.

Chris from Eckel Road stated he is opposed of the new law explaining that new laws put more restrictions on residents. He is concerned with new proposed state energy laws.

Brianna from NYS Rte 49 expressed her concerns related to a FOIL request for specific changes to the code. She had difficulty in searching for items on the town website. She is neither for or against since she was unable to find the old law and proposed law on the website.

Rick from NYS Rte 49 expressed his concern that the new law has no recourse for residents who disagree with the CEO decisions. The CEO explained that this portion of the law did not change. Also wondered if the CEO can override state inspectors. The CEO stated the new law will adopt Chapter 1 of the NYS Code. The town cannot override state inspectors. Rick is neither for against the new law.

Stephen from West Lake St. stated that he is for the new law based on procedural grounds and believes we need to stay current.

Bill from Mulholland Road stated that he is against the new law. We have too many laws which could cause people to move out of the town. He is concerned with possible new energy laws.

Dean from NYS Rte 49 questioned who determined the maximum $1000 fine and 30 days. It was explained that this agrees with NYS Codes and that this is a maximum fine. The judge decides on the fine not to exceed $1000 and 30 days.

A motion was entertained by Councilman Smith and seconded by Councilwoman Whitham to close the public hearing. Motion carried at 7:32pm. Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

The council discussed Local Law #1 of 2023 mandated by NYS. The council understands the importance of freedom while at the same time protecting the community.

Although the public hearing was closed, Chris, Eckel Rd, commented that the new law will give up all the freedoms from the last law. Chris made an inappropriate comment based on a hypothetical scenario.

The council continued their discussion of the proposed local law. It is agreed that it is not easy to find things on the town website. The town is looking into a website redesign and a digital sign. To improve communications and transparency.

Councilman Smith is concerned that the town has been slow to get to this mandate since it was due in December and it is now February. Supervisor Davis explained that the town attorney needed to review the proposed local law.

The council reviewed the “recourse/appeal process” and could not find any differences between the old local law and the proposed new local law. CEO Walker explained he is required to include the appeal process with all orders to remedy. In short, there are no major changes between the old law and the new law related to recourse.

A motion was entertained by Councilman Lamb and seconded by Councilman Spellicy to Approve Local Law #1 of 2023. Motion carried. Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Nay

DEPARTMENT REPORTS:

The Supervisors Report for the month of January is complete and in the clerk’s
Deputy Town Clerk Pavelock read the Town Clerk’s Report for the month of January. A motion was entertained by Councilman Spellicy and seconded by Councilwoman Whitham to approve the January Town Clerk’s Report. Motion carried.

Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

All other department reports are in the Town Clerk’s office

and will be online.

Highway Superintendent Clayton Conover provided a verbal report stating that the Highway Department is keeping up with the unusual weather and keeping up with equipment maintenance. He was asked about the status of the budgeted dump trailers. Superintendent Conover explained that he is obtaining price
Councilman Smith reported he would attend the NOCCOG meeting in April. He is assisting Councilwoman Whitman with the gazebo. He noted there is a discrepancy in a resolution made last month for returned checks and the tax payment notice. We will honor the $20 fee as stated on the tax payment

UNFINISHED BUSINESS:

The public meeting on the water district feasibility study was cancelled in January due to inclement weather. This meeting will be held in two weeks on February 15 beginning at 7 PM.

NEW BUSINESS:

Supervisor Davis asked Assessment Department Phil Amway to explain the new Volunteer Firemen Exemptions and Limited Income – Disability – Aged Seniors. Phil Amway prepared and presented several slides explaining the new exemptions. A copy of the presentation will be made available on the website. Norm Leach has brought up the Volunteer Firemen Exemptions with the legislators. It was suggested that interested residents should approach school districts. Phil was thanked for his excellent presentation. The town will review his recommendations for possible future action.

PUBLIC COMMENTS.

Mike P. asked if the town had received the feasibility study for the water district extension. Supervisor Davis explained that the purpose of the February 15 meeting is have the engineering firm present the feasibility study results.

There is a section of Lake Shore Rd near NYS Rte 13 that needs to be fixed. It was discussed that this portion of the road is a county issue. Norm Leach asked for a better description of the section of road such as house numbers.

Mike asked that the town consider an AED for the town hall. Councilman Lamb mentioned he recently learned that AEDs cost about $1300. He also suggests that the town purchase one. Mike stated the town might also consider one for the highway garage.

Chris, Eckel Road, asked if there are full-time employees in addition to the highway department. Council replied none.

Chris asked how the town was protecting him with the “gun sanctuary law.” The council explained that the sanctuary is not a law but rather identifies that the town does not agree with the current state gun laws. Citizens are required to follow the law. Chris asked about the status of his complaint about the quality of sand used on his road last year. Chris dumped a coffee container of rocks in front of the supervisor. The Constable was asked to escort Chris out. Supervisor Davis proceeded to explain that the town changed suppliers and Superintendent Conover is periodically evaluating the quality of the sand being used.

Bill Shaughnessy stated he thought the exemptions for volunteer firefighters is great for encouraging more to serve. He is concerned with possible abuse.

Additional New Business:

A motion was entertained by Councilman Lamb and seconded by Councilman Smith to approve Phil Amway to attend three Assessor training classes. Motion carried. Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

EXECUTIVE SESSION:

A motion was entertained by Councilman Spellicy and seconded by Councilwoman Whitham to enter executive session for personnel matters at 8:53 pm. Motion carried. Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

A motion was entertained by Councilman Spellicy and seconded by Councilman Spellicy to return to regular session at 9:30pm.

Motion carried. Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

Supervisor Davis made a motion that for the period of February 6 through March 31, 2023 the Town Clerk/Tax Collector Office hours will be 9am to 3pm Monday through Wednesday with taxes being collected until 2pm. The office will be closed on Thursdays and Fridays. Seconded by Councilman Spellicy. Motion carried.

Voting Record:

Supervisor Davis Aye

Councilman Spellicy Aye

Councilman Lamb Aye

Councilwoman Whitham Aye

Councilman Smith Aye

The next regular town meeting will be held on March 1, 2023.

A motion to adjourn was made by Councilwoman Whitham and seconded by Councilman Lamb. All in favor. Motion carried at 9:35pm.

Respectfully Submitted,

Kathy M. Pavelock/s/ Deputy Town Clerk